This bill creates a presumption that courts should grant injunctions when patent infringement is found. It responds to a 2006 Supreme Court decision that eliminated automatic injunction rights for patent holders, which many argue has weakened patent protection and encouraged infringement by large companies.
Latest Action
Read twice and referred to the Committee on the Judiciary.
AI Summary
Plain-English explanation of this bill
This bill creates a presumption that courts should grant injunctions when patent infringement is found. It responds to a 2006 Supreme Court decision that eliminated automatic injunction rights for patent holders, which many argue has weakened patent protection and encouraged infringement by large companies.
Last updated: 1/5/2026
Official Summary
Congressional Research Service summary
<p><strong>Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of 2025 or the RESTORE Patent Rights Act of 2025</strong></p><p>This bill establishes a rebuttable presumption for injunctive relief in patent infringement cases. Specifically, if a court enters a final judgment finding infringement of a right secured by patent, the patent owner shall be entitled to a rebuttable presumption that the court should grant a permanent injunction with respect to that infringing conduct.</p><p>(In 2006, the U.S. Supreme Court held in <em>eBay v. MercExchange</em> that patent holders do not have an automatic right to a permanent injunction in a patent infringement case.)</p>
Key Points
Main provisions of the bill
Creates presumption for patent injunctions
Responds to eBay v. MercExchange ruling
Strengthens patent holder rights
Allows injunctions against infringing conduct
Addresses concerns about weakened patent protection
How This Impacts Americans
Potential effects on citizens and communities
Patent holders would have stronger ability to stop ongoing infringement through court injunctions. Small inventors could more effectively enforce patents against larger companies. Critics worry this could increase patent troll litigation and hamper innovation.
Policy Areas
Primary Policy Area
Commerce
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
708, 119th Congress (2025). "RESTORE Patent Rights Act of 2025". Source: Voter's Right Platform. https://votersright.org/bills/118-s-708
